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The California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA), as lead agency for the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), has developed a procedure for prioritizing chemicals for consideration under Proposition 65 by the “State's qualified experts.” Two committees of the Science Advisory Board (SAB), known as the Carcinogen Identification Committee (CIC) and the Developmental and Reproductive Toxicant (DART) Identification Committee, serve as the State's qualified experts for rendering an opinion whether a chemical is known to the State to cause cancer or reproductive toxicity.

The procedure used by OEHHA to identify, prioritize and select candidate chemicals for evaluation by the SAB Committees is described in, “Procedure for Prioritizing Candidate Chemicals for Consideration Under Proposition 65 by the States Qualified Experts,” May 1997, and is available on the Internet at www.oehha.ca.gov . On October 17, 2003, OEHHA announced the release of draft priority assignments and draft data summaries for 47 of 50 chemicals selected for prioritization with respect to their potential to cause cancer. Draft data summaries and priorities were not released last October on three postponed substances: chromium picolinate, toxins derived from Fusarium moniliforme (Fusarium verticillioides) , and sodium nitrite. Chromium picolinate was postponed pending the results of a bioassay expected from the National Toxicology Program. “Toxins derived from Fusarium moniliforme” was postponed because it is a candidate for listing via the authoritative bodies mechanism. The draft data summary and priority status for sodium nitrite is under development.

The October 17, 2003, announcement initiated a 60-day public comment period on 47 draft priority assignments and draft data summaries for the 50 “Batch #4” chemicals. The public comment period included a public workshop held November 19, 2003. After review and careful consideration of the comments received, the priority assignments have been finalized for 45 of the 47 chemicals, as indicated in the table below. OEHHA is evaluating comments received and finalizing data summaries on the two remaining chemicals: nucleoside analogues, titanium dioxide. The priority status of these chemicals will remain “draft” until that process is completed.

In accordance with OEHHA's prioritization procedure, all chemicals with final priority assignments of “high” carcinogenicity concern are placed on the final Candidate List (see table below). All other final prioritized chemicals will be placed in Category II, which means they will not be subject to further consideration at this time. Chemicals are selected from the Candidate List for the development of draft hazard identification documents and subsequent consideration for listing by the CIC of OEHHA's Science Advisory Board. The final priority assignments for the 45 chemicals are given below.

Final Priority Assignemnts:

Copies of the final data summaries and priority assignments for these chemicals are available from the Proposition 65 Implementation Office at the address and telephone number indicated below, or from the Internet at the following address: www.oehha.ca.gov.

Cynthia Oshita
Office of Environmental Health Hazard Assessment
P.O. Box 4010
Sacramento, California 95812-4010
FAX: (916) 323-8803
Telephone: (916) 445-6900

Follow this link to download a copy of this notice as a pdf file

Follow this link to download copies of the 45 final data summaries and priority assignments.

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For questions regarding Proposition 65, please contact the Cynthia Oshita in the Proposition 65 Implementation Program

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